La compatibilidad con la Directiva de servicios de la normativa nacional que somete el alquiler de VUT a autorización administrativa previa. A propósito de la STJUE de 22-9-2020. Asuntos acumulados C-724/18 (Cali Apartments SCI) y C-727/18 (HX) y, por extensión, de las SSTS de 19-11-2020, de 26-1-2021 y, en parte, de 2-6-2021

Abstract

The work evaluates the contribution of the STJUE of 22-9-2020 to the configuration of the rental system of housing for tourist use (VUT) since it protects the local regulatory diversity of this sector of the collaborative economy from the urban perspective in the Member States and, therefore, the competence of the latter for its regulation. The decision takes place on the occasion of the judgment of the compatibility of the French national system that subjects the VUT to administrative authorization, with the general regime established by the Services Directive for these authorizations, in such a way that it provides the foundations and criteria that the restrictive national regulations on access and exercise of the VUT rental must comply so that the authorization is in accordance with Union law and can be reconciled with competition law and the freedom to provide services. Likewise, references are made to the jurisprudence of the Supreme Court that has already had the opportunity to apply the doctrine established by the European court in relation to the municipal regulations on VUT of Bilbao and Barcelona